A01925 Summary:
BILL NO | A01925 |
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SAME AS | SAME AS S01294 |
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SPONSOR | Montesano (MS) |
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COSPNSR | DiPietro, Walter, Palumbo, Finch, Simotas |
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MLTSPNSR | Barclay, Giglio, Thiele |
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Amd §§17 & 18, Pub Health L | |
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Establishes the reasonable charge for electronic copies of medical records and patient information. |
A01925 Actions:
BILL NO | A01925 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/17/2017 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
05/01/2018 | held for consideration in health |
A01925 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A1925 SPONSOR: Montesano (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to establishing the reasonable charge for electronic copies of medical records and patient information   PURPOSE OR GENERAL IDEA OF BILL: Establishes the reasonable charge for electronic copies of medical records and patient information.   SUMMARY OF SPECIFIC PROVISIONS: Both section 1 and 2, as amended by chapter 576 of the laws of 1998, is amended to add that the reasonable charge for copies provided in an electronic format shall be the lesser of either seventy-five cents per page or a total of one hundred dollars.   JUSTIFICATION: In today's technology, we are still required to pay health care provid- ers per page printed of medical records, costing from hundreds to several thousand dollars, when these records are simply copied onto a CD and sent to the patient to be printed on their own. Therefore, the fees imposed when a patient requests an electronic version of their medical records should not reflect any fee for printing them. This bill will establish a reasonable fee for electronic copies of medical records and patient information so that no qualified person shall be denied access to patient information solely because of the inability to pay.   PRIOR LEGISLATIVE HISTORY: S.6848/A.9022 of 2014; Referred to Health; S.421/A.1474 of 2016; Held for Consideration in Health.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
A01925 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1925 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. MONTESANO, DiPIETRO, WALTER, SALADINO, PALUMBO, FINCH, SIMOTAS -- Multi-Sponsored by -- M. of A. BARCLAY, GIGLIO, McLAUGHLIN, SIMANOWITZ, THIELE -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to establishing the reasonable charge for electronic copies of medical records and patient information The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The first undesignated paragraph of section 17 of the 2 public health law, as amended by chapter 576 of the laws of 1998, is 3 amended to read as follows: 4 Upon the written request of any competent patient, parent or guardian 5 of an infant, a guardian appointed pursuant to article eighty-one of the 6 mental hygiene law, or conservator of a conservatee, an examining, 7 consulting or treating physician or hospital must release and deliver, 8 exclusive of personal notes of the said physician or hospital, copies of 9 all x-rays, medical records and test records including all laboratory 10 tests regarding that patient to any other designated physician or hospi- 11 tal provided, however, that such records concerning the treatment of an 12 infant patient for venereal disease or the performance of an abortion 13 operation upon such infant patient shall not be released or in any 14 manner be made available to the parent or guardian of such infant, and 15 provided, further, that original mammograms, rather than copies thereof, 16 shall be released and delivered. Either the physician or hospital incur- 17 ring the expense of providing copies of x-rays, medical records and test 18 records including all laboratory tests pursuant to the provisions of 19 this section may impose a reasonable charge to be paid by the person 20 requesting the release and deliverance of such records as reimbursement 21 for such expenses, provided, however, that the physician or hospital may 22 not impose a charge for copying an original mammogram when the original EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05976-01-7A. 1925 2 1 has been released or delivered to any competent patient, parent or guar- 2 dian of an infant, a guardian appointed pursuant to article eighty-one 3 of the mental hygiene law, or a conservator of a conservatee and 4 provided, further, that any charge for delivering an original mammogram 5 pursuant to this section shall not exceed the documented costs associ- 6 ated therewith. However, the reasonable charge for paper copies shall 7 not exceed seventy-five cents per page and the reasonable charge for 8 copies provided in an electronic format shall be the lesser of either 9 seventy-five cents per page or a total of one hundred dollars. A 10 release of records under this section shall not be denied solely because 11 of inability to pay. 12 § 2. Paragraph (e) of subdivision 2 of section 18 of the public health 13 law, as amended by chapter 576 of the laws of 1998, is amended to read 14 as follows: 15 (e) The provider may impose a reasonable charge for all inspections 16 and copies, not exceeding the costs incurred by such provider, provided, 17 however, that a provider may not impose a charge for copying an original 18 mammogram when the original has been furnished to any qualified person 19 and provided, further, that any charge for furnishing an original mammo- 20 gram pursuant to this section shall not exceed the documented costs 21 associated therewith. However, the reasonable charge for paper copies 22 shall not exceed seventy-five cents per page and the reasonable charge 23 for copies provided in an electronic format shall be the lesser of 24 either seventy-five cents per page or a total of one hundred dollars. A 25 qualified person shall not be denied access to patient information sole- 26 ly because of inability to pay. 27 § 3. This act shall take effect immediately.